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Kurt S. Olson (2026)

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

ORDER LD-2026-0003, In the Matter of Kurt S. Olson, Esquire On January 27, 2026, the Attorney Discipline Office (ADO) filed a petition for the summary interim suspension of the respondent, Kurt S. Olson, from the practice of law. The petition relies on Supreme Court Rule 37(9-B)(a)(1) as authority for the summary suspension. Rule 37(9-Bj(a)(1) authorizes the court to suspend an attorney summarily when the ADO alleges that the attorney has “engaged in serious misconduct which poses an immediate and substantial threat of serious harm to the public or the integrity of the legal profession.” “Serious misconduct” is any misconduct “involving (1) mishandling or misappropriation of client or third party property or funds or (2) any other misconduct which by itself could result in a suspension or disbarment.” Rule 37(9-B)(b). An attorney who is suspended summarily without a hearing is entitled, upon request, to a prompt post-suspension hearing. See Rule 37(9-B)(f). The petition alleges that Attorney Olson “has admitted to accepting flat fees [from a former client] in amounts of $25,000 and $70,000 and depositing both payments directly into his operating account prior to earning those fees, ” and using those funds for personal expenses or personal business. The petition asserts that Attorney Olson, who continues to practice law at a firm in New Hampshire, stated to the ADO that “his practice is operated primarily using flat- fee agreements, which he routinely deposits into his operating account.” According to the petition, Attorney Olson “has admitted to the ADO that he does not keep accounting records, does not perform monthly reconciliations, and has filed false trust accounting certificates” under Supreme Court Rules 50 and 50-A. The petition alleges that Attorney Olson has violated the following Rules of Professional Conduct, among others: Rule 1.5, which prohibits a lawyer from charging or collecting an unreasonable fee; Rule 1.15(a), which requires a lawyer to hold clients’ property separate from the lawyer’s own property, in accordance with Supreme Court Rule 50, and 1.15(c), which provides that a lawyer “shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred”; and Rule 3.3, which requires candor to the tribunal, including when filing trust accounting certificates under Supreme Court Rule 50-A.

Based on the ADO’s allegations and the documents attached to the petition, the court determines that Attorney Olson has engaged in “serious misconduct” by mishandling or misappropriating client funds and by engaging in other misconduct which by itself could result in a suspension or disbarment. The court further determines that the alleged “serious misconduct” poses an immediate and substantial threat of serious harm to the public or the integrity of the legal profession because, without a suspension, Attorney Olson would continue to practice law. Accordingly, it is hereby ordered: (1) In accordance with Rule 37(9-B), Attorney Kurt S. Olson is summarily suspended from the practice of law in New Hampshire on an interim basis pending further order of this court. (2) A copy of the ADO’s petition and this order shall be served on Attorney Olson by first-class and certified mail at the latest address that Attorney Olson provided to the New Hampshire Bar Association. (3) Attorney Olson is enjoined from further use of his IOLTA and operating accounts. He is further enjoined from transferring, assigning, hypothecating, or in any manner disposing of or conveying any assets of clients, whether real, personal, beneficial or mixed. (4) On or before February 3, 2026, Attorney Olson may request a hearing on the issue of whether the summary suspension should be lifted. See Rule 37(9-B)(f). The hearing will be promptly scheduled. (5) On or before February 6, 2026, Attorney Olson shall inform his clients in writing of his suspension from the practice of law and of his inability to act as an attorney, and shall advise them to seek other counsel. See Rule 37(13). Attorney Olson shall file an affidavit on or before February 27, 2026, stating that he has complied with this requirement. A copy of the affidavit shall be sent to the ADO. Pursuant to Rule 37(17), the court appoints Attorney Andrea Q. Labonte, ADO Assistant General Counsel, to take immediate possession of the client files and operating, trust and other fiduciary accounts of Attorney Olson, and to take the following actions: (1) Attorney Labonte shall notify all banks and other entities where Attorney Olson has trust or fiduciary accounts and operating

3) “) (5) accounts of Attorney Olson’s suspension from the practice of law and of Attorney Labonte’s appointment by the court. Attorney Labonte shall, to the extent that she deems necessary, notify Attorney Olson’s clients of his suspension, inform them of any scheduled hearings, advise them to obtain the services of other lawyers of their choice, and advise them how they or their new attorneys may obtain their files. Attorney Labonte shall not, however, undertake the representation of any of Attorney Olson’s clients. Attorney Labonte shall, to the extent that she deems necessary, notify the courts in which any hearings are scheduled in the near future of Attorney Olson’s suspension. Attorney Labonte shall prepare an inventory of Attorney Olson’s client files and shall file a copy of the inventory with this court on or before March 16, 2026, together with a report of her actions taken under this order and recommendations as to what further actions should be taken. If Attorney Olson was in possession of any client funds or property, Attorney Labonte may file an appropriate motion requesting authority to distribute them. Attorney Olson is ordered to cooperate with Attorney Labonte in performing the tasks as directed by the court. The expenses of Attorney Labonte shall be paid in the first instance from the funds of the attorney discipline system, which may seek reimbursement from Attorney Olson. MacDonald, C.J., and Donovan, Countway, and Gould, JJ., concurred. DATE: January 29, 2026 ATTEST: Nir. Des Timothy A. Gudas, Clerk

Distribution: Andrea Q. Labonte, Esq. Simon R. Brown, Esq. Kurt S. Olson, Esq. File

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